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(영문) 대전지방법원 2017.11.28 2017고단2204
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. The Defendants’ joint criminal acts (information and communications network infringement) and E came to know of the fact that there are female-friendly video and photographic files with the victim G (the age of 25) in the cell phone of the victim F (37). The Defendants and E were aware of the fact that they contain sexually related video and photographic files with the victim G (the age of 25) with the victim’s cell phone, and thought the files together with them

Pursuant to this program, Defendant A, on November 11, 2016, kept the phone number in advance from setting up the phone number at 17:00 on several occasions with the victim F’s cell phone, and Defendant A, within the passenger car of the victim F, which had different roads near the 17:0 on the street at around 17:00 on that day, posted the phone number again to the victim F’s cell phone after restricting the victim F’s marking of the phone number. Defendant A, as if the victim F’s cell phone was infected with the malicious code and did not indicate the phone number, may see Defendant B’s wind, and Defendant B got a cell phone from the victim F.

Defendant

B As such, the victim F’s cellular phone was opened with the victim F’s cell phone, and was stored within the cell phone after arbitrarily accessing the victim’s Kakao Stockholm account.

G’s sexually related dynamic files and one photographic file is transmitted via Defendant A’s cell phone phone Kakao Stockholm. Defendant A sent the said three files to Defendant B via E’s cell phone Kakao Stockholm Stockholm, and E re-transmission of the said three files via Defendant B’s cell phone Kakao Stockholm.

As a result, the Defendants infringed upon the information and communications network in collaboration with E without legitimate access authority or beyond permitted access authority.

2. Defendant A

A. Defendant A distributed obscene materials through the victim F, the sexually related video files of the victim G, and one photographic file of the victim G, which was acquired as described in the foregoing paragraph 1 at an insane site on November 12, 2016, via the Kakao Stockholm, a cell phone of the victim H, which was friendly.

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